REED ET AL.

v.

SLAKAN

Citator

Cited By (46 total)

• Wood v. State, 582 So. 2d 751 (Fla. 5th DCA 1991)
  …the same original aggregate sentence. This amply rebuts any presumption of vindictiveness. Further, I do not believe that the resentencing in this case runs afoul of Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984), cert. denied Florida v. Fasenmyer, 470 U.S. 1035, 105 S.Ct. 1407, 84 L.Ed.2d 796 (1985). In Fasenmyer, the district court reduced the severity of a criminal conviction to a lesser offense and ordered the trial court to resentence the defendant on only that offense, without disturbing the other con…
• Dolan Robert Kelly v. State, 508 So. 2d 788 (Fla. 5th DCA 1987)
  …tate appealed that sentence and it was unaffected by the prior appeal. The purported resentencing as to Count I violated the defendant’s constitutional rights against double jeopardy. See Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984), cert. denied, 470 U.S. 1035, 105 S.Ct. 1407, 84 L.Ed.2d 796 (1985); Troupe v. Rowe, 283 So. 2d 857 (Fla.1973). Fasenmyer is not adversely affected by Pennsylvania v. Goldhammer, 474 U.S. 28, 106 S.Ct. 353, 88 L.Ed.2d 183 (1985) which relied on United States v. DiFrancesco, 449…
• Harrison v. State, 523 So. 2d 726 (Fla. 3d DCA 1988)
  …reverse. Since the defendant had completely served the sentence actually imposed for second degree murder, it is an obvious double jeopardy violation to resentence him as to that charge. Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984), cert. denied, 470 U.S. 1035, 105 S.Ct. 1407, 84 L.Ed.2d 796 (1985). The murder conviction must instead be treated only as a prior offense in the guidelines calculation, see Peterson v. State, 506 So. 2d 94 (Fla. 2d DCA 1987), which in turn, must be based upon the guidelines in…